Israel/OPT
24.04.01
Urgent Interventions
Israel and Palestinian Territory Occupied: : 'OMCT intervenes before the Committee on Economic, Social and Cultural Rights
Intervention by the World Organisation Against Torture (OMCT) before the Committee on Economic, Social and Cultural Rights during its 25th Session on the Implementation of the International Covenant on Economic, Social and Cultural Rights by Israel
In this presentation I will highlight some of our concerns about the current situation in the occupied territories, with regard to the implementation of the International Covenant on Economic, Social and Cultural Rights by Israel. The parallel report presented by OMCT to this Committee has been written in close collaboration with LAW, Al-Haq, the Palestinian Human Rights Monitoring Group, and the Public Committee Against Torture in Israel, all members of OMCT network. For further information about the following elements, I invite the members of this Committee to refer to the report submitted by OMCT.
Since the last session of this Committee, there has been serious deterioration of the human rights situation in Israel and the occupied territories. While violations have been perpetrated by both sides involved in the clashes, the most persistent allegations brought to the attention of OMCT by its different member organisations were that Israel has failed to abide by its obligations under both international and national law.
OMCT’s parallel report focuses on restrictions on freedom of movement imposed by Israel on the Palestinian population living in the occupied territories, and the impact of these restrictions.
Since beginning of October 2000, these restrictions have taken four different forms: the comprehensive closure of the occupied territories, the internal closure imposed on towns, villages or areas of the occupied territories, curfews and finally the closure of international crossing points between the occupied territories and neighbouring countries. This policy has led to the fragmentation of the West Bank and the Gaza Strip in several enclaves, confining the whole Palestinian civilians within their villages or towns and placing them under siege into geographical prisons. OMCT is very concerned about recent developments showing an intensification of the restrictions, as highlighted in our report through evidence brought by our member organisations.
These restrictions, implemented by Israel have resulted and continue to result in serious and massive violations of economic, social and cultural rights of the Palestinian population living in the occupied territories including the right to work, the right to health, the right to education, and the right to an adequate standard of living. OMCT’s report to this Committee presents evidence of these violations.
Harassment, humiliation and violence exercised by Israeli soldiers at checkpoints against the Palestinian population also remains of utmost concern to OMCT, particularly as in most cases such ill-treatments occur when Palestinian civilians try to exercise their economic, social and cultural rights. Numerous cases on this issue figure in OMCT’s parallel report.
The impact of the above-mentioned blanket and sweeping restrictions raises the notion of effectiveness with regard to the enjoyment of economic, social and cultural rights. The current situation highlights that in order to make economic social and cultural rights effective in the occupied territories - as Israel is obliged under the International Covenant on Economic, Social and Cultural Rights – freedom of movement shall be guaranteed, as provided by article 12 of the International Covenant on Civil and Political Rights (ICCPR), to which Israel is a party.
As restrictions on movement represent the direct cause of the violations described in our report, OMCT believes that this Committee can directly address Israel’s policy of closure and other restrictions. Our parallel report highlights that the restrictions on movement implemented by Israel fall to respect the principles of non-discrimination, proportionality and necessity and therefore, by violating the permissible limitation provided by article 12 of the ICCPR, are illegal under international law. OMCT’s report analyses, on the basis of evidence brought by OMCT’s member organisation, how these limitations on movement violate the principles of non-discrimination, proportionality and necessity.
Indeed, the nature of the restrictions, their timing and indiscriminate character, as well as their destructive consequences, raise serious and well-founded doubts about whether they are strictly required, as Israel pretends, by the security situation. Evidence presented in our report rather indicates that they constitute a form of collective punishment against the whole Palestinian population of the occupied territories, prohibited by article 33 of the Fourth Geneva Convention which is applicable to the occupied territories. This policy of restrictions, by deliberately contravening obligations under the Covenant, represents a prima facie violation of the rights to work, to health, to education and to an adequate standard of living.
OMCT would like to draw the attention of this Committee to the fact that these violations - that occur in areas A, B, C of the occupied territories- and for which h Israel is fully responsible, will cease when Israel puts an end to its sweeping restrictions of movement on the entire civilian population. In this regard, OMCT urges the Committee to take a firm stand with regard to the above mentioned restrictions and their dramatic impact on the enjoyment of economic, social and cultural rights.
The above mentioned restrictions, serving as a policy of collective punishment, are also a subject of utmost concern for OMCT as the principles of individual responsibility and punishment only following due process of law are abandoned. OMCT remains very concerned by the negative impact that Israel’s policy of collective punishment has on basic principles guaranteeing respect for human rights and the rule of law. Under such circumstances, OMCT would like to draw the attention of this Committee to the fact that the transition to harsher punishments can very easily take place, with a further detrimental impact on the enjoyment of all human rights in the occupied territories, including economic, social and cultural rights. The emerging pattern of a return to the use of torture during interrogation, as was the case prior to the 1999 Israeli High Court decision outlawing such methods, highlights the daily deteriorating situation in Israel and the occupied territories. OMCT believes that the return to the use of torture during interrogations indicates the dangerous path towards greater violations of all human rights, including economic, social and cultural rights, as a form of collective punishment against the Palestinian population, and justified on security grounds. As the protection against torture is a non-derogable right, OMCT thinks that a return to use of torture during interrogations augurs badly with regard to protection against violations of economic, social and cultural rights.
Finally, OMCT would like to draw the attention of this Committee to the impact of Israel’s failure to compensate victims of torture on the enjoyment of economic, social and cultural rights. In September 1999, the Israeli High Court outlawed the use of torture and other forms of cruel, inhuman or degrading treatment during interrogation of Palestinian detainees by the Israeli General Security Services. Although OMCT recognises the importance of the decision as a major step against torture in Israel, the High Court did not address, among other loopholes of the ruling, either the compensation of torture’s victims, or the legal prosecution of torturers. OMCT considers that one of the most detrimental effects of torture and other cruel, inhuman or degrading treatment is the social exclusion which often follows. Torture victims, in most instances, have health problems, and have lost their jobs and their ability to provide for their families. In the absence of compensation and rehabilitation, these aspects often have a disproportionate effect on torture victims and their families. This also affects their ability to participate in social life and prevents their social re-integration.
In its study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms, Theo van Boven recommended that international treaty bodies “should, in carrying out their work, pay systematic and due attention to the question of reparation for victims of violations of human rights.” The report adds that the treaty bodies “should raise this question in reviewing the performance of the States parties and include the issue of reparation in their general comments and recommendations.”
Since the submission of our report to this Committee, the situation shows no improvement and, in fact, continue to deteriorate. Of particular concern and in the increase are the demolition and destruction by Israeli armed forces and settlers, of Palestinian houses, agricultural lands and properties in the occupied territories.
The report submitted to the Committee ends with a series of recommendations. Among these, OMCT would strongly:
- reiterate the applicability of the International Covenant on Economic, Social and Cultural Rights to the occupied territories;
- hold Israel directly responsible for violations of economic social and cultural rights occurring in areas B and C of the occupied territories as a result of the above-mentioned restrictions;
- hold Israel responsible under this Covenant for violations occurring in areas A of the occupied territories as a result of the restrictions;
- condemn unnecessary, illegal and discriminatory restrictions on the freedom of movement, as these are directly responsible for the widespread and gross violations of economic, social and cultural rights of the Palestinian population in the occupied territories;
- condemn ill-treatment perpetrated by Israeli soldiers against Palestinians trying to exercise their economic, social and cultural rights;
- urge Israel to considers ways and means to offer proper compensation to the victims of violations of economic, social and cultural rights since October 2001;
- urge Israel to restore the processes guaranteeing the principles of individual responsibility and punishment following due process of law, in order to avoid further deterioration of the situation, as highlighted by a return to use of torture during interrogations;
- urge Israel to consider proper and immediate ways to compensate victims of torture and other forms of cruel, inhuman or degrading treatment or punishment.
I thank you very much.
April 2001
Nathalie Mivelaz
In this presentation I will highlight some of our concerns about the current situation in the occupied territories, with regard to the implementation of the International Covenant on Economic, Social and Cultural Rights by Israel. The parallel report presented by OMCT to this Committee has been written in close collaboration with LAW, Al-Haq, the Palestinian Human Rights Monitoring Group, and the Public Committee Against Torture in Israel, all members of OMCT network. For further information about the following elements, I invite the members of this Committee to refer to the report submitted by OMCT.
Since the last session of this Committee, there has been serious deterioration of the human rights situation in Israel and the occupied territories. While violations have been perpetrated by both sides involved in the clashes, the most persistent allegations brought to the attention of OMCT by its different member organisations were that Israel has failed to abide by its obligations under both international and national law.
OMCT’s parallel report focuses on restrictions on freedom of movement imposed by Israel on the Palestinian population living in the occupied territories, and the impact of these restrictions.
Since beginning of October 2000, these restrictions have taken four different forms: the comprehensive closure of the occupied territories, the internal closure imposed on towns, villages or areas of the occupied territories, curfews and finally the closure of international crossing points between the occupied territories and neighbouring countries. This policy has led to the fragmentation of the West Bank and the Gaza Strip in several enclaves, confining the whole Palestinian civilians within their villages or towns and placing them under siege into geographical prisons. OMCT is very concerned about recent developments showing an intensification of the restrictions, as highlighted in our report through evidence brought by our member organisations.
These restrictions, implemented by Israel have resulted and continue to result in serious and massive violations of economic, social and cultural rights of the Palestinian population living in the occupied territories including the right to work, the right to health, the right to education, and the right to an adequate standard of living. OMCT’s report to this Committee presents evidence of these violations.
Harassment, humiliation and violence exercised by Israeli soldiers at checkpoints against the Palestinian population also remains of utmost concern to OMCT, particularly as in most cases such ill-treatments occur when Palestinian civilians try to exercise their economic, social and cultural rights. Numerous cases on this issue figure in OMCT’s parallel report.
The impact of the above-mentioned blanket and sweeping restrictions raises the notion of effectiveness with regard to the enjoyment of economic, social and cultural rights. The current situation highlights that in order to make economic social and cultural rights effective in the occupied territories - as Israel is obliged under the International Covenant on Economic, Social and Cultural Rights – freedom of movement shall be guaranteed, as provided by article 12 of the International Covenant on Civil and Political Rights (ICCPR), to which Israel is a party.
As restrictions on movement represent the direct cause of the violations described in our report, OMCT believes that this Committee can directly address Israel’s policy of closure and other restrictions. Our parallel report highlights that the restrictions on movement implemented by Israel fall to respect the principles of non-discrimination, proportionality and necessity and therefore, by violating the permissible limitation provided by article 12 of the ICCPR, are illegal under international law. OMCT’s report analyses, on the basis of evidence brought by OMCT’s member organisation, how these limitations on movement violate the principles of non-discrimination, proportionality and necessity.
Indeed, the nature of the restrictions, their timing and indiscriminate character, as well as their destructive consequences, raise serious and well-founded doubts about whether they are strictly required, as Israel pretends, by the security situation. Evidence presented in our report rather indicates that they constitute a form of collective punishment against the whole Palestinian population of the occupied territories, prohibited by article 33 of the Fourth Geneva Convention which is applicable to the occupied territories. This policy of restrictions, by deliberately contravening obligations under the Covenant, represents a prima facie violation of the rights to work, to health, to education and to an adequate standard of living.
OMCT would like to draw the attention of this Committee to the fact that these violations - that occur in areas A, B, C of the occupied territories- and for which h Israel is fully responsible, will cease when Israel puts an end to its sweeping restrictions of movement on the entire civilian population. In this regard, OMCT urges the Committee to take a firm stand with regard to the above mentioned restrictions and their dramatic impact on the enjoyment of economic, social and cultural rights.
The above mentioned restrictions, serving as a policy of collective punishment, are also a subject of utmost concern for OMCT as the principles of individual responsibility and punishment only following due process of law are abandoned. OMCT remains very concerned by the negative impact that Israel’s policy of collective punishment has on basic principles guaranteeing respect for human rights and the rule of law. Under such circumstances, OMCT would like to draw the attention of this Committee to the fact that the transition to harsher punishments can very easily take place, with a further detrimental impact on the enjoyment of all human rights in the occupied territories, including economic, social and cultural rights. The emerging pattern of a return to the use of torture during interrogation, as was the case prior to the 1999 Israeli High Court decision outlawing such methods, highlights the daily deteriorating situation in Israel and the occupied territories. OMCT believes that the return to the use of torture during interrogations indicates the dangerous path towards greater violations of all human rights, including economic, social and cultural rights, as a form of collective punishment against the Palestinian population, and justified on security grounds. As the protection against torture is a non-derogable right, OMCT thinks that a return to use of torture during interrogations augurs badly with regard to protection against violations of economic, social and cultural rights.
Finally, OMCT would like to draw the attention of this Committee to the impact of Israel’s failure to compensate victims of torture on the enjoyment of economic, social and cultural rights. In September 1999, the Israeli High Court outlawed the use of torture and other forms of cruel, inhuman or degrading treatment during interrogation of Palestinian detainees by the Israeli General Security Services. Although OMCT recognises the importance of the decision as a major step against torture in Israel, the High Court did not address, among other loopholes of the ruling, either the compensation of torture’s victims, or the legal prosecution of torturers. OMCT considers that one of the most detrimental effects of torture and other cruel, inhuman or degrading treatment is the social exclusion which often follows. Torture victims, in most instances, have health problems, and have lost their jobs and their ability to provide for their families. In the absence of compensation and rehabilitation, these aspects often have a disproportionate effect on torture victims and their families. This also affects their ability to participate in social life and prevents their social re-integration.
In its study concerning the right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms, Theo van Boven recommended that international treaty bodies “should, in carrying out their work, pay systematic and due attention to the question of reparation for victims of violations of human rights.” The report adds that the treaty bodies “should raise this question in reviewing the performance of the States parties and include the issue of reparation in their general comments and recommendations.”
Since the submission of our report to this Committee, the situation shows no improvement and, in fact, continue to deteriorate. Of particular concern and in the increase are the demolition and destruction by Israeli armed forces and settlers, of Palestinian houses, agricultural lands and properties in the occupied territories.
The report submitted to the Committee ends with a series of recommendations. Among these, OMCT would strongly:
- reiterate the applicability of the International Covenant on Economic, Social and Cultural Rights to the occupied territories;
- hold Israel directly responsible for violations of economic social and cultural rights occurring in areas B and C of the occupied territories as a result of the above-mentioned restrictions;
- hold Israel responsible under this Covenant for violations occurring in areas A of the occupied territories as a result of the restrictions;
- condemn unnecessary, illegal and discriminatory restrictions on the freedom of movement, as these are directly responsible for the widespread and gross violations of economic, social and cultural rights of the Palestinian population in the occupied territories;
- condemn ill-treatment perpetrated by Israeli soldiers against Palestinians trying to exercise their economic, social and cultural rights;
- urge Israel to considers ways and means to offer proper compensation to the victims of violations of economic, social and cultural rights since October 2001;
- urge Israel to restore the processes guaranteeing the principles of individual responsibility and punishment following due process of law, in order to avoid further deterioration of the situation, as highlighted by a return to use of torture during interrogations;
- urge Israel to consider proper and immediate ways to compensate victims of torture and other forms of cruel, inhuman or degrading treatment or punishment.
I thank you very much.
April 2001
Nathalie Mivelaz